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AND

REMEDIAL RIGHTS

BY

THE CIVIL ACTION,

ACCORDING TO

THE REFORMED AMERICAN PROCEDURE.

A TREATISE

ADAPTED TO USE IN ALL THE STATES AND TERRITORIES
WHERE THAT SYSTEM PREVAILS.

BY

JOHN NORTON POMEROY, LL.D.,

AUTHOR OF "AN INTRODUCTION TO MUNICIPAL LAW," 66 AN INTRODUCTION
TO CONSTITUTIONAL LAW," ETC., ETC.

STA

SECOND EDITION.

BOSTON:

LITTLE, BROWN, AND COMPANY.

1883.

PREFACE TO THE SECOND EDITION.

A SECOND EDITION of this work has for some time been needed, and the delay in preparing it must be attributed to an overwhelming pressure of other engagements. In now presenting it to the profession, I desire to express my sincere thanks for the favor with which the book has been received by the Bar and the Bench. The work, when originally published, was to some extent an experiment. It was, I believe, the first attempt professedly to treat of those features which are common to all the codes of procedure, and which constitute the essential elements of the new system. In it I ventured to call that system the "Reformed American System of Procedure," and was gratified to know that the name was accepted by one of its principal authors as distinctive and appropriate. The abbreviated title by which my book. is commonly known," Remedies," and which it is now too late to change, is in some respects misleading; for it fails to indicate the real subject-matter and purpose of the work. In the full title given to it, the words "by the civil action " were meant to be the most emphatic and important. The work is intended to be both a scientific and a practical treatise of the fundamental principles and essential elements of the "Civil Action," as the instrument for administering justice established by the Reformed Procedure in all the Code States of our own country, and in England, and in many of the British colonies. Whatever varieties of

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